Terms of reference

 

The Victorian Law Reform Commission is to review and report on the registration of sex offenders under the Sex Offenders Registration Act 2004 (Vic) as well as the management and use of information about registered sex offenders by law enforcement and child protection agencies. 

The purpose of the review is to ensure that the legislative arrangements for the collection and use of information about registered sex offenders enable law enforcement and child protection agencies to assess the risk of re-offending, prevent further offence and protect children from harm. 

In particular, the Commission should consider:

  • the powers and obligations of the Chief Commissioner of Police under the Sex Offenders Registration Act 2004 (Vic) to collect information from registrants and relevant agencies and for the Chief Commissioner and those agencies to exchange that information for law enforcement purposes and for assessing the risks posed by registrants to children and the broader community
  • the powers of the Chief Commissioner to assess the veracity of information provided by registrants for the purposes of enforcing the Sex Offenders Registration Act 2004 (Vic) and managing risks posed by registrants to children and the broader community, and
  • the definition of unsupervised contact including whether this be broadened to include non-physical contact.

In conducting the review, the Commission should have regard to:

  • the report and recommendations of the Ombudsman’s report Whistleblower’s Protection Act 2001: Investigation into the Failure of Agencies to Manage Registered Sex Offenders
  • the purposes of maintaining a register for sex offenders
  • risk assessment processes employed by law enforcement and child protection agencies
  • legislative arrangements in Victoria, other Australian jurisdictions and overseas to foster inter-agency collaboration in child protection
  • the desirability of nationally consistent legislation.

In making its report, the Commission should consider the interaction between the Sex Offenders Registration Act 2004 (Vic), the Children, Youth and Families Act 2005 (Vic) and other legislation relevant to the management of sex offenders and the protection of children. 

Issues associated with the operation of the Working with Children Act 2005 (Vic) are not within the scope of the review. 

The Commission is to report on 4 November 2011.1

Date Published: 
Tuesday, January 21, 2014 - 14:15

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